High CourtsSingle Bench(2006) 04 MAD CK 0043

Ish Kumar Bagga Proprietor of Associated Sales of India vs The District Collector and M.D. Venugopalan

Madras High Court · Decided on 27 April 2006

HON’BLE JUDGES
F.M. Ibrahim Kalifulla, J
CASE NUMBER
Writ Petition No. 12200 of 2006

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Judgment

10 paragraphs · 203 words

F.M. Ibrahim Kalifulla, J.—The petitioner seeks for issuance of a writ of Mandamus directing the first respondent to realise the amount of

Rs. 55,000/- with interest from the movable or immovable property or both of the second respondent on the basis of the Form No. 44 dated

23.5.2005 issued by the learned XV Metropolitan Magistrate, George town, Chennai.

2.

The learned XV Metropolitan Magistrate has issued warrant for recovery of fine invoking the powers u/s 421 Cr.P.C. and forwarded the same

to the 1st respondent for realising the sum of Rs. 55,000/- from the second respondent by way of arrears of land revenue. Having regard to the

stipulations contained in Sections 421(1)(b) and (3) Cr.P.C., the 1st respondent is legally competent to recover the fine amount as determined by

the learned Metropolitan Magistrate by way of arrears of land revenue. In such circumstances, the 1st respondent is directed to invoke the said

jurisdiction vested in him and implement the orders of the learned XV Metropolitan Magistrate, George Town, Chennai expeditiously, preferably

within eight weeks from the date of receipt of the copy of this order and report the same to the learned Magistrate concerned.

3.

The Writ Petition is disposed of. No costs.